Plaintiff is Not "Upon" Car for UM Purposes, Per Western Section

Alan M. Sowell, Nashville, Tennessee, for the appellee, Great West Casualty Company

Judge: HIGHERS

The plaintiff in this case brought suit to recover uninsured motorist benefits. The insurance company moved for summary judgment contending that the plaintiff was not entitled to coverage because he was not “upon” the insured vehicle so as to “occupy” it. The trial court granted summary judgment in favor of the insurance company and we affirm.